Atmore Farm & Power Equipment Co. v. Glover

Appeal by defendant from a judgment for plaintiff in an action based upon fraud. We reverse and remand.

Plaintiff, Grady Glover, purchased a Trojan frontend loader tractor, model 304-A, from defendant on October 31, 1979. Plaintiff dealt exclusively with William Banonse, defendant's sales manager. The loader had been newly painted, and, according to plaintiff, he was told that the engine had been "majored" (completely overhauled). The engine "missed" upon being started, whereupon, plaintiff asserted, he was told it would be "majored" again. In discussing the purchase, Glover maintained, he was…